Tribal NSR Regulations Database

2011 - Review of New Sources and Modifications in Indian Country (i.e., Tribal NSR Rule) 

Rule that established the preconstruction air permitting program for: (1) minor stationary sources and minor modifications at major stationary sources in Indian country (minor NSR rule) and (2) all new major stationary sources and major modifications located in areas of Indian country that are designated as not attaining one or more National Ambient Air Quality Standards (NAAQS) (nonattainment NSR rule). This rule is commonly known as the Tribal NSR Rule.

• Review of New Sources and Modifications in Indian Country Proposed Rule (71 FR 48695, August 21, 2006)
  • Review of New Sources and Modifications in Indian Country Proposal Fact Sheet (pdf)  (165kb)
• Review of New Sources and Modifications in Indian Country Final Rule (76 FR 38748, July 01, 2011)
  • Review of New Sources and Modifications in Indian Country Final Rule Fact Sheet (pdf) (133KB)
  • Tribal NSR Rules Implementation Manual

2014 - Amendments to Tribal NSR Rule 

Rule that defined the terms "begin construction" and "commence construction" for the Tribal NSR air permitting program in Indian Country. Rule also added six categories to the existing list of activities exempt from minor source air permitting in Indian country. 

• Review of New Sources and Modifications in Indian Country Proposed Rule (78 FR 33266, June 4, 2013)
• Review of New Sources and Modifications in Indian Country - Amendments to the Federal Indian Country Minor New Source Review Final Rule (pdf) (273 KB) (75 FR 31035, May 30, 2014)
  • Final Amendments to the Indian Country Minor New Source Review Rule Fact Sheet (pdf) (37 KB)

2014 - Amendments to Delegation of Authority Provisions in the Prevention of Significant Deterioration Permitting Program  

Rule that amended outdated rule text to allow tribes to voluntarily request and assume direct delegation of the New Source Review/Prevention of Significant Deterioration (PSD) preconstruction air permitting program. The PSD program is one of the three preconstruction air permitting programs that apply in Indian country (minor NSR and nonattainment NSR being the other two preconstruction air permitting programs) and it applies in areas that are currently attaining the National Ambient Air Quality Standards (NAAQS). This final rule did not create any new regulatory requirements.

• Amendments to Delegation of Authority Provisions in the Prevention of Significant Deterioration Program Proposed Rule (76 FR 82234, December 30, 2011)

• Amendments to Delegation of Authority Provisions in the Prevention of Significant Deterioration Program Final Rule (pdf) (226 KB)(79 FR 22028, April 21, 2014)

2015 - 2016 General Permits and Permits by Rule 

Rules that established general permits and/or permits by rule for various source categories in Indian Country to streamline implementation of the Tribal NSR preconstruction permitting program for these source categories. A general permit or permit by rule is a preconstruction permit issued by a reviewing authority that may be applied to a number of similar emissions units or sources to simplify the permit issuance process for similar facilities so that a reviewing authority's limited resources need not be expended for case-by-case permit development for such facilities. A source wishing to operate pursuant to a permit by rule must submit a Notification of Coverage Form to the reviewing authority prior to commencing construction or modification. Once a source submits the Notification of Coverage and the EPA posts it online, the source may commence construction or modification without further action by the reviewing authority.

• General Permits and Permits by Rule Proposed Rule for Five Minor Source Categories in Indian Country - Rule that established general permits for two source categories: hot mix asphalt plants and stone quarrying, crushing and screening facilities and permits-by-rule for three source categories: auto body repair and miscellaneous surface coating operations, gasoline dispensing facilities (except in California), and petroleum dry cleaning facilities. 
  • General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country Proposed Rule (pdf) (359 KB) (79 FR 2546, January 14, 2014) 
    • General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country Proposal Fact Sheet (pdf) (56.8 KB)
  • General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country for Five Source Categories Final Rule (pdf) (435 KB) (84 FR 25068, May 1, 2015)
    • General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country For Five Source Categories Final Rule Fact Sheet (pdf) (24 KB)
• General Permits and Permits by Rule Proposed Rule for Six Source Categories - Rule that finalized general permits for six sources categories in Indian Country: Concrete Batch Plants, Boilers, Stationary Spark Ignition Engines, Stationary Compression Ignition Engines, Graphic Arts and Printing Operations, and Sawmill Facilities.
  • General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country for Six Source Categories Proposed Rule (79 FR 41846, July 11, 2014) (pdf) (343 KB)
    • General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country for Six Source Categories Proposal Fact Sheet (pdf) (59.6 KB)
  • General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country for Six Source Categories Final Rule (81 FR 70944, October 14, 2016) (pdf) (346 KB)
    • General Permits and Permits by Rule for the Federal Minor New Source Review Program in Indian Country for Six Source Categories Final Rule Fact Sheet (pdf) (57.6 KB) 

2016 - 2020 Oil and Gas Federal Implementation Plan 

Rule that established a Federal Implementation Plan (FIP) to implement the Tribal NSR preconstruction permitting program for the oil and natural gas production and natural gas processing segments of the oil and natural gas sector in Indian Country. The FIP limits emissions of harmful air pollutants, while streamlining the preconstruction permitting process for this large and complex industry. The FIP accomplishes this by incorporating emissions limits and other requirements from eight federal standards for a range of equipment and processes used in oil and natural gas production and natural gas processing in Indian Country instead of using source-specific minor NSR preconstruction permits for this sector. 

• Advanced Notice of Proposed Rulemaking (79 FR 32502, June 5, 2014) (344 KB)
• Proposal (80 FR 56554, September 18, 2015) (pdf) (496 KB)
  •   Fact Sheet – Proposed Federal Implementation Plan (pdf) (247.75 KB)
• Final Rule (81 FR 35944, June 3, 2016 (pdf) (452 KB)
  • Fact Sheet – Final Federal Implementation Plan (pdf) (152.26 KB, 05/12/16)

First Amendments to Tribal NSR Rules Oil and Natural Gas FIP - Rule that allowed the FIP to continue to apply in portions of the Uintah and Ouray Indian Reservation that were included in an area EPA designated as nonattainment for the 2015 National Ambient Air Quality Standards for ozone. 

• Proposed Rule (83 FR 20775, May 08, 2018)
  • Proposed Oil and Gas Rule Fact Sheet (pdf) (609.86 KB, 04/30/2018)
• Final Rule (84 FR 21240, May 14, 2019) (313 KB)
  • Final Amendments to the Federal Implementation Plan for the Indian Country Minor New Source Review Program for the Oil and Natural Gas Industry: Fact Sheet (pdf) (123.2 KB, 5/2/2019)

Second Amendments to Tribal NSR Rules Oil and Gas FIP - Rule that streamlined the preconstruction air permitting process for certain sources engaged in oil and natural gas production activities in Indian country by reducing, by up to 30 days, the time between a source owner/operator’s submission of required Endangered Species Act (ESA)/National Historic Preservation Act (NHPA) screening documents and beginning construction.

• Proposed Rule (84 FR 33715, July 15, 2019) (pdf) (256 KB)
  • Fact Sheet — Amendments to Federal Implementation Plan for Managing Air Emissions from True Minor Sources in Indian Country in the Oil and Natural Gas Production and Natural Gas Processing Segments of the Oil and Natural Gas Sector (July 2019) (pdf) (177 KB)
• Final Rule (85 FR 15729, March 19, 2020) (pdf) (253 KB)
  • Fact Sheet — Amendments to Federal Implementation Plan for Managing Air Emissions from True Minor Sources in Indian Country in the Oil and Natural Gas Production and Natural Gas Processing Segments of the Oil and Natural Gas Sector (March 2020) (pdf) (141 KB)
  • Eight Federal Rules - Summary Table (pdf) (05/09/16)

2022 Federal Implementation Plan (FIP) for Managing Emissions from Oil and Natural Gas Sources on Indian Country Lands Within the Uintah and Ouray Indian Reservation in Utah 

This FIP controls volatile organic compounds (VOCs) emissions from new, modified, and existing oil and natural gas facilities located on the Indian country lands within the Uintah & Ouray (U&O) Indian Reservation in northeast Utah. Oil and natural gas source owners in this reservation should visit EPA region 8's webpage on the U&O FIP to determine if they are subject to this U&O FIP. 

• Proposed Rule (85 FR 3492, January 21, 2022) (pdf) (545 KB)
  • EPA’s Proposed Federal Implementation Plan for Managing Emissions from Oil and Natural Gas Sources on Indian Country Lands within the Uintah and Ouray Indian Reservation in Utah Fact Sheet (pdf) (101 KB)
• UO FIP Oil and Gas Final (pdf) (789.43 KB, 12/8/2022)  (87 FR 75324; December 08, 2022)
  • EPA’s Federal Implementation Plan for Managing Emissions from Oil and Natural Gas Sources on Indian Country Lands within the Uintah and Ouray Indian Reservation in Utah Fact Sheet